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First To File And First To Invent
First to file and first to invent are legal concepts that define who has the right to the grant of a patent for an invention. Since March 16, 2013, after the United States abandoned its "first to invent/document" system, all countries have operated under the "first-to-file" patent priority requirement. First to file In a first-to-file system, the right to grant a patent for a given invention lies with the first person to file a patent application for protection of that invention, regardless of the date of the actual invention. First to disclose The concept of a grace period, under which early disclosure does not prevent the discloser from later filing and obtaining a patent, must be distinguished here from the FTI system. Germany and the UK formerly had a concept of the grace period. Both FTI and grace period systems afforded early discloser protection against later filers. The FTI system allowed non-disclosers to overturn established parties, whereas the grace system only ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invention
An invention is a unique or novelty (patent), novel machine, device, Method_(patent), method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand-alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. The ideation process may be augmented by the applications of algorithms and methods from the domain collectively known as evolutionary robotics, artificial intellige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grace Period
A grace period is a period immediately after the deadline for an obligation during which a late fee, or other action that would have been taken as a result of failing to meet the deadline, is waived provided that the obligation is satisfied during the grace period. In other words, it is a length of time during which rules or penalties are waived or deferred. Grace periods can range from a number of minutes to a number of days or longer, and can apply in situations including arrival at a job, paying a bill, or meeting a government or legal requirement. In law, a grace period is a time period during which a particular rule exceptionally does not apply, or only partially applies. For the grace period in patent law, see novelty (patent). In games (video and real life), a grace period is the time after a respawn in which a player cannot be hit or killed – they are 'safe' for a short time so that they will not die repeatedly, which would lead to loss of enjoyment and excessive l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reduction To Practice
In United States patent law, the reduction to practice is the step in the formation of an invention beyond the conception thereof. Reduction to practice may be either actual (the invention is actually carried out and is found to work for its intended purpose) or constructive (a patent application having a sufficient disclosure is filed). The date of reduction to practice was critical to the determination of priority between inventors in an interference proceeding under the discontinued first-to-invent system as well as for swearing behind a reference under that system. Conception is the "formation in the mind of the inventor, of a definite and permanent idea of the complete and operative invention, as it is hereafter to be applied in practice." ''Hybritech Inc. v. Monoclonal Antibodies, Inc.'', 802 F.2d 1367, 1376 ( Fed. Cir. 1986) (quoting 1 Robinson ''On Patents'' 532 (1890). The reduction to practice of an invention can either be: * Actual reduction to practice: " quires t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning "at first sight", or "based on first impression". The literal translation would be "at first face" or "at first appearance", from the feminine forms of ' ("first") and ' ("face"), both in the ablative case. In modern, colloquial, and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. The similar ''ex facie'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interference Proceeding
In United States patent law, an interference proceeding, also known as a priority contest, is an '' inter partes'' proceeding to determine the priority issues of multiple patent applications. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy–Smith America Invents Act (AIA) in 2011, the United States operated under a first-to-invent. The interference proceeding determines which of several patent applications had been made by the first inventor. The AIA switched the US to a first-to-file regime effective March 16, 2013, and interferences apply only to patent applications with an effective filing date prior to that change. Definition An interference proceeding is an administrative proceeding conducted by a panel of administrative patent judges (administrative law judges sitting on the Board of Patent Appeals and Interferences) of the United States Patent and Trademark Office (USPTO) to determine which applicant is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill University
McGill University (French: Université McGill) is an English-language public research university in Montreal, Quebec, Canada. Founded in 1821 by royal charter,Frost, Stanley Brice. ''McGill University, Vol. I. For the Advancement of Learning, 1801–1895.'' McGill-Queen's University Press, 1980. the university bears the name of James McGill, a Scottish merchant, whose bequest in 1813 established the University of McGill College. In 1885, the name of the university was officially changed to McGill University. Its main campus is on the slope of Mount Royal in downtown Montreal in the borough of Ville-Marie, with a second campus situated in Sainte-Anne-de-Bellevue, west of the main campus on Montreal Island. The university is one of two members of the Association of American Universities located outside the United States, alongside the University of Toronto, and is the only Canadian member of the Global University Leaders Forum (GULF) within the World Economic Forum. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
America Invents Act
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five major island territories and various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's third-largest land area and third-largest population, exceeding 340 million. Its three largest metropolitan areas are New York, Los Angeles, and Chicago, and its three most populous states are California, Texas, and Florida. Paleo-Indians migrated from North Asia to North America over 12,000 years ago, and formed various civilizations. Spanish colonization led to the establishment in 1513 of Spa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Clause
The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, which is the basis of copyright and patent laws in the United States, states that: History On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of proposals to establish what would become the enumerated powers of the United States Congress. Three such proposals made on that day addressed what are now lumped together under intellectual property rights. One, by Charles Pinckney was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison, who had previously served on a committee of the Congress established under the Articles of Confederation which had encouraged the individual states to adopt copyright legislation. Madison proposed that the Constitution per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
IEEE
The Institute of Electrical and Electronics Engineers (IEEE) is an American 501(c)(3) organization, 501(c)(3) public charity professional organization for electrical engineering, electronics engineering, and other related disciplines. The IEEE has a corporate office in New York City and an operations center in Piscataway, New Jersey. The IEEE was formed in 1963 as an amalgamation of the American Institute of Electrical Engineers and the Institute of Radio Engineers. History The IEEE traces its founding to 1884 and the American Institute of Electrical Engineers. In 1912, the rival Institute of Radio Engineers was formed. Although the AIEE was initially larger, the IRE attracted more students and was larger by the mid-1950s. The AIEE and IRE merged in 1963. The IEEE is headquartered in New York City, but most business is done at the IEEE Operations Center in Piscataway, New Jersey, opened in 1975. The Australian Section of the IEEE existed between 1972 and 1985, after which it s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Judiciary Committee
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, federal administrative agencies, and federal law enforcement entities. The Judiciary Committee is often involved in the impeachment process against federal officials. Because of the legal nature of its oversight, committee members usually have a legal background, but this is not required. In the 119th Congress, the chairman of the committee is Republican Jim Jordan of Ohio, and the ranking minority member is Democrat Jamie Raskin of Maryland. History The committee was created on June 3, 1813, for the purpose of considering legislation related to the judicial system. This committee approved impeachment resolutions/ articles of impeachment against presidents in four instances: against Andrew Johnson ( in 1867), Richard Nixon ( in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glossary Of Patent Law Terms
This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention. A Abandonment Abandonment refers to the cessation of a patent application’s progress due to the applicant’s failure to make a bona fide attempt to advance the patent application to a final conclusion. Abandonment in patent prosecution can occur either voluntarily or involuntarily: * Voluntary abandonment (also called “express abandonment” or “formal abandonment”) occurs when the applicant explicitly communicates their intent to withdraw the application from consideration. * Involuntary abandonment happens when the applicant fails to meet specific requirements, such as failing to respond to an office action or failing to paying required f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
